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In my
personal opinion, this practice - violating patient privacy, in the name of
detecting abuse by private businesses - which is (it appears to me) unsupported
by statute (unless mandated by DEA regulation) - is contrary to both many state
laws and HIPAA. I agree the practice serves a val
Well we haven't heard from the AAPS and their supporters for quite a while!
Not to worry, private civil litigation will be the enforcement method of
choice for those impacted by providers who disregard HIPAA. While some of
us have been working with the standards bodies and government to obtain s
Indeed Gerald, the statement that they are not required is beyond
inaccurate. In fact they are required to give them out at the first
reasonable opportunity after the emergency. This can include by mail as
well - which is how my local government clients will be handling it with
their EMT. Plus w
Depends upon the nature of the violation. The organization will be liable
for its actions, and individuals for theirs. Generally, it will be
individuals who will be held to the criminal sanctions for their actions.
However civil liability also accrues to all parties. Expect the litigators
to go
Ok, here is the straight answer (or my version of it!).
The enforcement model for HIPAA is this:
The Federal government has two agencies responsible for policing HIPAA.
Centers for Medicare and Medicaid Services (CMS) on the Transactions and
Code Set side. The HHS Office for Civil Rights (OCR) o
Title: Message
Folks, this isn't really a HIPAA
issue. It's a Civil Rights issue. Also it may be a state law
issue. The answer in general is, and it is many times scalable to the size
of the organization, you have to address the issue, or be subject to the civil
liability that will come w
Good Point Donald. My concern is that we tend (as a group) to look at the
technicalities, and not the risks. You can be legally correct, yet still be
sued because of not addressing the risk of being sued. So I think it is
important to address both the law, and the perceptions. Overkill in the
How about
Helping Insure Politicians Avoid Accountability
Regards,
Tim McGuinness, Ph.D.
Consulting Specialist in Regulatory Privacy, Security, and Application
Compliance
HIPAA/FDA/CMS-HCFA/ICH/ADA & Section 508/DITSCAP/NIACAP/ISO17799/BS7799/NIST
800 C&A
Specialist in Local Government Complianc
John,
I have heard that Stetson (Orlando/St. Petersburg) is the one offering this
course or seminar - I'm not yet sure. I heard this from a local
attorney. However, there is quite a bit of movement on the civil
litigators side. In fact there may be a major case emerge in Arizona this
nex
Consider employees of healthcare organizations.
An example: an employee of a hospital needs treatment that might affect the
employability, or at least their coworkers attitude towards that employee.
So the Patient/employee requires confidentiality.
This raises a question also, and I would be inte
I
greatly value the opinions of this listserv, and am indebted to its
participants. However, I am very concerned about participants who do not
identify themselves, and hide behind nebulous entity names. I would like
to ask the listserv admin to enforce the need for attribution, and make su
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